The Law on Protection sets out the following alternatives to detention for asylum seekers:
- An obligation to report;
- Bail options;
- The obligation to stay in a designated place.
SG can use more than one alternative in the case of any foreigner. Alternatives can be applied by the SG which apprehended the asylum seeker concerned or by the court (subsequent to a SG’s decision not to apply alternatives and who have submitted a motion for detention to the court). An asylum seeker can be detained only if the alternatives to detention cannot be applied. In practice asylum seekers are placed in detention, and alternatives to detention are not considered, properly justified and explained. In 2020, 524 foreigners were subject to alternatives to detention.
Over the period 2016- 2020 alternatives to detention were used as follows for foreigners, including asylum seekers and returnees:
|Alternatives to detention in Poland: 2016-2020|
|Type of alternative||2016||2017||2018||2019||2020|
|Residence in a designated place||1,333||1,818||1,058||1,522||476|
|Surrendering travel documents||54||49||29||36||39|
Source: Border Guard, 14 January 2018; Border Guard, 14 and 25 January 2019, 17 January 2020, 5 February 2021.
 Article 88(3) of the Law on Protection.
 Articles 88(2) and 88b(2)-(3) Law on Protection.
 Article 88a(1) Law on Protection.
 Information provided by Legal Intervention Association Rule of Law Institute and Nomada Foundation, Februray 2021,
 In practice, a person may be subject to more than one alternative measure.